영아살해
All appeals filed by the defendant and prosecutor are dismissed.
The gist of the defendant's appeal is that the court below's punishment (one year of imprisonment) is too unreasonable, and the gist of the prosecutor's appeal is that the court below's punishment is too uneasible and unfair.
In this case, the sentencing factors favorable to the defendant are the following: (a) the confession of all of the crimes in this case and the defendant are against themselves; (b) the fact that the defendant seems to have committed the crime in this case in a extreme confusion state after childbirth; and (c) the fact that the defendant is the primary offender, etc.
On the other hand, human life is the value that should be absolutely protected, the life of the baby born on the side cannot be an exception, and the mother who is responsible for protecting the victim in this case has caused the death by planting the victim immediately after the childbirth, and the nature of the crime is very bad, etc. are the factors of sentencing disadvantageous to the defendant.
In addition, considering the Defendant’s age, character and conduct, the environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is deemed appropriate, and it seems that it is too heavy or too unreasonable. Therefore, the Defendant and the prosecutor’s assertion of unreasonable sentencing is without merit.
Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.